Supreme Court grants Centre time to respond to plea on Hindus’ minority status [29.3.2022]

New Delhi : 28.3.2022, Monday

Supreme Court grants Centre time to respond to plea on Hindus’ minority status

The Supreme Court on Monday said it will hear the contentious issue of granting minority status to Hindus in states where they are fewer in number on May 10.

After the central government sought more time from the Supreme Court to file its response to a host of petitions that want a state to be considered as the basis for determining religious and linguistic minorities, the apex court said on Monday it will hear the contentious issue of granting minority status to Hindus in states where they are fewer in number on May 10.

The court was hearing a public interest litigation (PIL) filed by advocate and Delhi Bharatiya Janata Party leader Ashwini Kumar Upadhyay seeking identification of religious minority communities at the state level “to ensure that only those religious and linguistic groups which are socially, economically, politically non-dominant and numerically inferior, can establish and administer educational institutions of their choice.”

As a similar issue was pending consideration before three other high courts, the top court had earlier allowed those matters to be transferred to this court from the respective high courts of Delhi, Gauhati and Meghalaya.

As the petition came up for hearing, solicitor general Tushar Mehta, appearing for the Centre, told the court that he was yet to go through the response submitted by the ministry of minority affairs on Sunday.

The bench of justices Sanjay Kishan Kaul and MM Sundresh allowed Mehta four weeks to file a comprehensive response on behalf of all concerned ministries on the issues raised in the petition.

Upadhyay’s petition challenged the validity of Section 2(f) of the National Commission for Minority Educational Institutions (NCMEI) Act, 2004, and raised an issue that if the central government could restrict minority benefits to the six religious minority communities, it should have a corresponding power to declare Hindus as minorities in states where they have significantly less population.

It pointed out that Hindus are merely 1% in Ladakh, 2.75% in Mizoram, 2.77% in Lakshadweep, 4% in Jammu and Kashmir, 8.74% in Nagaland, 11.52% in Meghalaya, 29% in Arunachal Pradesh, 38.49% in Punjab, and 41.29% in Manipur.


29 Mar 2022